Ontario College of Teachers v Templeton, 2013 ONOCT 89

DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Templeton, 2013 ONOCT 89

Date: 2013-01-25

IN THE MATTER OF the Ontario College of Teachers Act, 1996, and the Regulation (Ontario Regulation 437/97) thereunder;

AND IN THE MATTER OF a discipline proceeding against

Marion Ruth Templeton, OCT, Member of the Ontario College of Teachers.

PANEL: Irene Dembek, OCT, Chair Danny Anckle Wes Vickers, OCT

BETWEEN: ) ) Zirka N. Jakibchuk, ) Legal Counsel, ONTARIO COLLEGE OF TEACHERS ) for Ontario College of Teachers )

• and – ) ) Sheilagh Turkington, MARION RUTH TEMPLETON ) Cavalluzzo Shilton McIntyre (CERTIFICATE #488342) ) Cornish, LLP, ) for Marion Ruth Templeton ) Marc Spector, ) Steinecke Maciura LeBlanc, ) Independent Legal Counsel ) ) Heard: January 25, 2013

DECISION, REASONS FOR DECISION AND ORDER

This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on January 25, 2013 at the Ontario College of Teachers (the “College”) at Toronto.

Marion Ruth Templeton (the “Member”) was in attendance at the hearing.

A Notice of Hearing dated November 12, 2012 was served on the Member, requesting attendance before the Discipline Committee of the Ontario College of Teachers on November 28, 2012 to set a date for a hearing and specifying the charges. The hearing was subsequently set for January 25, 2013.

THE ALLEGATIONS

The allegations in the Notice of Hearing (Exhibit 1), dated November 12, 2012 are as follows:

IT IS ALLEGED that Marion Ruth Templeton is guilty of professional misconduct as defined in subsection 30(2) of the Ontario College of Teachers Act, 1996 (the “Act”) in that:

(a)she failed to maintain the standards of the profession, contrary to Ontario Regulation 437/97, subsection 1(5);

(b) she abused a student physically, contrary to Ontario Regulation 437/97, subsection 1(7.1);

(c)she failed to comply with the Education Act, Revised Statutes of Ontario, 1990, chapter E.2, and specifically section 264(1) thereof or the Regulations made under that Act contrary to Ontario Regulation 437/97, subsection 1(15);

(d) she committed acts that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional, contrary to Ontario Regulation 437/97, subsection 1(18); and

(e)she engaged in a conduct unbecoming of a member, contrary to Ontario Regulation 437/97, subsection 1(19).

MEMORANDUM OF AGREEMENT

Counsel for the College advised the Committee that subject to ratification by the Committee, agreement had been reached on the facts and introduced a Memorandum of Agreement (“MOA”), (Exhibit 3) which provides as follows:

Agreed Statement of Facts

The parties hereby agree to the truth and accuracy of the facts that are hereinafter expressed and agree to the receipt of this document by the Discipline Committee.

1. At all material times, the Member was employed by the Simcoe County District School Board as a Grade [XXX] teacher at [XXX] School.

2. On November 17, 2010, during indoor recess, a [XXX] year old male student (the “Student”) was sitting in his classroom tipped forward on a chair, such that the two back legs of the chair were off the ground. The Member had previously warned students about the hazards of sitting in this manner.

3. The Member came from behind the Student and without warning, applied inappropriate force to the Student’s chair such that it came out from under him, causing him to fall to the ground and injure his wrist. As a result of this incident, the Student sprained his wrist and had to wear a brace for several weeks afterwards.

4. The Member states that she did not intend for the Student to fall or be injured from the incident. She intended for the student to realize he was again on only two legs of the chair and she intended for him to keep the chair firmly and safely on the floor.

5. Immediately after the Student fell, the Member states that she asked him if he was injured and was assured by the Student that he was not. She then discussed her safety concerns with the Student and apologized to him for what had occurred.

6. As soon as lunch period was over, the Member reported the incident to the Principal and advised the Principal that she wholly regretted the manner in which she had handled the situation.

7. The Children’s Aid Society (“CAS”) investigated the incident. On January 12, 2011, the CAS verified that physical harm to the Student had occurred as a result of the Member’s actions.

8. On February 8, 2011, the Board held an investigative meeting with the Member. According to Board documents, during this meeting, the Member indicated that this was not the first time she had used this technique with her students.

9. On February 17, 2011, the Board held a disciplinary meeting with the Member. The Member was issued a letter of discipline. She was also advised that she would be issued a five-day suspension without pay, effective February 18, 2011, and would be required to complete a course in classroom management and boundaries.

10. The Member grieved the discipline and the Member, the Member’s Association and the Board entered into a grievance settlement on September 8, 2011. According to the terms of the settlement, it was agreed that the five-day suspension without pay would be rescinded, a non-disciplinary letter of counsel would be issued to the Member and any previous discipline correspondence would be expunged from the Member’s file, and the requirement for the Member to complete a course in classroom management and boundaries would no longer be necessary.

11. Notwithstanding this agreement, on March 8, 2012, the Member completed a 36-hour classroom management course entitled, “Classroom Management: Orchestrating a Community of Learners”, on her own initiative.

12. The Member acknowledges that applying physical force to the Student’s seat was not an appropriate classroom management strategy, and she deeply regrets taking this action.

13. By this document, the Member pleads guilty to professional misconduct as alleged in the Notice of Hearing, issued on November 12, 2012, and in so doing, accepts as true the particulars set out in this section of the MOA.

14. The Member voluntarily admits the above particulars and understands that by doing so, she is waiving the right to require the College to prove the case against her and the right to a contested hearing.

Joint Submission on Resolution

The parties agree to resolve the matter as follows:

1. the Parties agree and undertake that upon ratification of this MOA, there shall be no further action taken, no appeal of any or all of the terms of this agreement, and no application for judicial review, providing the terms of this MOA are adhered to;

2. the Parties agree and understand that if any phrase or paragraph of this MOA is deemed null and void, the MOA shall be read as though the phrase or paragraph was stricken from the MOA and the amended MOA shall remain in force and effect;

3. the Member agrees and understands that upon ratification of this MOA, the Discipline Committee shall find her guilty of professional misconduct and shall reprimand her in person, with respect to the above particulars;

4. the Member agrees and understands that for the purpose of considering this matter, the Discipline Committee will be provided with this MOA and the Notice of Hearing, which will be marked as Exhibits and will constitute the evidence upon which the guilty plea will be accepted, the finding of guilt will be made, and the penalty will be imposed;

5. the Member agrees and undertakes that within 30 days of ratification of the MOA, the Registrar shall be provided with written confirmation of the successful completion of the classroom management and boundaries course referred to above, by the course provider;

6. the Member agrees and understands that upon ratification of this MOA, a notation shall be placed on the Public Register maintained by the Registrar, in accordance with section 23 of the Ontario College of Teachers Act, 1996. There may also be other amendments made to the Public Register to reflect this agreement between the Parties, including amendments to the Member’s Status, Status History and Terms, Conditions and Limitations;

7. the Member agrees and understands that the College shall publish a summary of the complaint and its resolution as contained in this MOA. Such publication shall be made in the College’s official publication, Professionally Speaking/Pour parler profession, on the College web site, and in any other manner the Registrar and Chief Executive Officer deems appropriate. The summary shall include the Member’s name;

8. the Member agrees and understands that upon ratification of this MOA, the College shall make the Decision of the Discipline Committee, including this MOA, available for review by the public in the College’s Margaret Wilson Library, on the College’s website and in any other forum the Registrar and Chief Executive Officer deems appropriate;

9. the Member agrees and understands that upon ratification of this MOA, the College may submit a copy of the Discipline Committee Decision and MOA to Quicklaw and/or any other on-line legal database(s);

10. the Member agrees and understands that this MOA is the entire agreement between her and the College and that there have been no oral or written representations made by the College as an inducement or threat to enter into this MOA;

11. the Member confirms that she understands the nature and effect of this MOA and that she has obtained independent legal advice in this regard;

12. the Parties agree that a signed telefax or other facsimile copy of this MOA shall have the same force and effect as the original of this document; and

13. the Parties agree that this MOA may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement.

DECISION

Having examined the Exhibits filed, and based on the Memorandum of Agreement, the guilty plea, and the submissions made by Counsel for the College and Counsel for the Member, the Committee ratifies the Memorandum of Agreement. The Committee finds that the facts support a finding of professional misconduct. In particular, the Committee finds that Marion Ruth Templeton committed acts of professional misconduct, being more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 1(7.1), 1(15), 1(18) and 1(19).

REASONS FOR DECISION

The Committee accepts the Member’s guilty plea and the agreed facts contained in the Memorandum of Agreement (Exhibit 3).

The Member kicked or otherwise made inappropriate physical contact with the chair on which a [XXX] year old male student was sitting, causing the Student to fall to the floor and injure his wrist. The Member admitted that her actions were inappropriate and unprofessional and failed to maintain the standards of the profession. The Committee agrees that these actions constitute professional misconduct.

PENALTY DECISION

The Committee accepts the Joint Submission on Resolution and makes the following order:

1. The Member is to be reprimanded by the Committee following the hearing of this matter and the fact of the reprimand is to be recorded on the Register of the Ontario College of Teachers.

2. Within 30 days of ratification of the MOA, the Member shall provide to the Registrar written confirmation of the successful completion of the classroom management and boundaries course referred to in paragraph 11above.

3. Pursuant to subsection 30 (5) (3) of the Ontario College of Teachers Act, the findings and order of the Committee shall be published in summary, with the name of the Member in the official publication of the College, Professionally Speaking/Pour parler profession.

REASONS FOR PENALTY DECISION

The Committee accepted the request from both counsel that an appropriate penalty, given the nature of the misconduct, is a reprimand. The reprimand was delivered immediately following the conclusion of the hearing.

The Committee notes that the Member completed a 36-hour classroom management and boundaries course entitled “Classroom Management: Orchestrating a Community of Learners”, on her own initiative. Had she not done so, the Committee would have recommended that she complete such a course.

The Committee accepted the joint submission on resolution which included publishing the findings and Order in the official publication of the College, Professionally Speaking/Pour parler profession with the name of the Member.

Publication of the decision responds to the need for transparency and accountability and will serve the public interest as well as inform the profession. Publication of the findings and Order, with the name of the Member, provides a specific deterrent to the Member and a general deterrent to the profession from engaging in similar behaviour.

The Committee is satisfied that this decision is appropriate in the circumstances and serves and protects the public interest.

Date: January 25, 2013

Irene Dembek, OCT

Chair, Discipline Panel

______________________________ Danny Anckle

Member, Discipline Panel ______________________________

Wes Vickers, OCT

Member, Discipline Panel